The legal framework
Under the education provisions of English law, all schools are required to promote pupils’ spiritual and moral development, to provide religious education and to hold a daily act of collective worship which is broadly Christian in character. In addition, the law confers extra rights and responsibilities on the governors of Church voluntary aided schools, so that they may develop and uphold the distinctive religious character of their school.
Under the charitable trust provisions of English law, diocesan schools have to uphold the purposes of the Diocesan Trust. It is from this Trust that much of the legal recognition of the Catholic mission of our schools is derived. The foundation governors in particular must ensure that the school adheres in its practice to the aims of the diocesan charity as expressed in the Diocesan Trust Deed. In this respect, the foundation governors, who form the majority, are answerable to the Trustees. The Board of Trustees has the strategic role of overseeing the affairs of the Trust. Foundation governors are appointed by the Bishop. Two schools, one under the diocesan Trustees, operate as non maintained (ie independent) residential schools for children with special educational needs. In a few other cases, maintained schools in the diocese operate under the charitable trust of a religious order.
The role of Canon Law and Church policy
In their fulfilment of the purposes of the Trust, diocesan schools are subject to the Canon Law of the Church, which confers on the local bishop certain rights over all Catholic schools in his area, both maintained and independent. In exercising his rights, the Bishop has regard to the Bishops’ Conference (England and Wales), which lays down the norms for education in the dioceses. The Bishops’ Conference is guided in its work by the statements of the Sacred Congregation for Education and by pontifical statements on the mission of the Catholic Church in education.
Periodically, the Bishops issue statements of policy which embody and promulgate these norms. The local bishop interprets the norms for schools in his area. In this Diocese, the Schools Service supports schools in their implementation. One important example is the area of school admissions. The Trustees require all diocesan schools to adopt admissions policies which give preference to baptised Catholic children. Where further distinction must be made because of lack of sufficient places, diocesan schools take the religious practice of the parents into account.
